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Certain situations can so threaten the constitutionality of the state that the binding constitutional provisions cannot, or at least, not with the necessary speed handle state of emergencies sufficiently. The possibility of such situations, thus, requires the adoption of laws on state of emergency, which permit circumvention of such binding provisions effectively, but which also safeguard against abuse of such circumvention. The greater the fear of abuse, as a rule, based on historical experience, the more detailed the law on emergency will be. Thus the actual objective of state of emergency should only arise when it constitutes a challenge to democracy, negates the norms of national human interaction, contradicts the tenets of civil society, devalues opportunities for peace, stability, coexistence and social justice and should secure the “route back to the normal constitutional state”.
This research examines the autochthonous nature of Nigerian Constitution with a view to demystifying the impolitic call for peoples’ constitution in Nigeria. Further, the research examines whether legitimacy and effectiveness of a constitution ...
Law of Wars and the Use of force has been referred to as a political and sensitive topic. There is no doubt to this assertion as a result of the multiplicity of jurisprudence on the subject matter and how highly debatable the subject has become in re...
In 2010, the Institute commenced a journey of publication of law report dubbed NIALS APPELLATE COURT LAW REPORT which is on going till now. The Institute has now thought it wise to provide a platform which will allow academics and the gene...
This work is a contribution to the ongoing discuss. The work examines the concept of the rule of law and good governance from different perspectives – constitutional, economic and developmental as well as the role of the judiciary and access to...
The term globalisation, though new in coinage is old in terms of its antecedents. It can be traced to the advent of the spread of the two major religions – Christianity and Islam. These religions started from the Asian continent and spread to a...
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